Criminal proceedings against Thierry Tranchant and Telephone Store SARL, as a party liable at civil law. (Competition) [1995] EUECJ C-91/94 (9 November 1995)

Criminal proceedings against Thierry Tranchant and Telephone Store SARL, as a party liable at civil law. (Competition) [1995] EUECJ C-91/94 (9 November 1995)

Article 6 of Directive 88/301/EEC precludes national rules penalizing economic agents for marketing telecommunications equipment without type-approval where the test laboratory responsible for conformity monitoring is not independent from economic agents in the telecommunications sector.

Citation
[1995] EUECJ C-91/94
Parties
Defendant: Mr Tranchant; Respondent: French Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
09 November 1995
Procedural Posture
Preliminary Ruling (ecj) / Reference From National Court (tribunal De Grande Instance, Paris) in Criminal Proceedings
Outcome
Preliminary ruling: Article 6 of Directive 88/301/EEC precludes application of national rules requiring type-approval by a non-independent laboratory.
Legal Topics
Type Approval Procedures, Independence of Regulatory Bodies, Telecommunications Equipment, Competition in Telecommunications Markets
European Union Law Competition Law Telecommunications Law Type Approval Procedures Independence of Regulatory Bodies Telecommunications Equipment Competition in Telecommunications Markets

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Parties

Mr Tranchant

Defendant

French Government

Respondent

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling (ecj) / Reference From National Court (tribunal De Grande Instance, Paris) in Criminal Proceedings

Legal Issues

  1. 1 Whether Article 6 of Directive 88/301/EEC precludes national rules requiring type-approval by a non-independent laboratory for telecommunications equipment

Ratio Decidendi

Article 6 of Directive 88/301/EEC precludes national rules penalizing economic agents for marketing telecommunications equipment without type-approval where the test laboratory responsible for conformity monitoring is not independent from economic agents in the telecommunications sector.

Court Disposition

Preliminary ruling: Article 6 of Directive 88/301/EEC precludes application of national rules requiring type-approval by a non-independent laboratory.

Orders

  • National rules penalizing economic agents for marketing telecommunications equipment without type-approval are precluded where the test laboratory is not independent from economic agents in the sector.